Richard Barrett-Cuetara
Diversity Committee
Dallas
214-880-2832
Richard Barrett-Cuetara is a trial attorney who has represented clients in litigation, arbitration, adversary proceedings in bankruptcy court, lender liability disputes, and mediation involving complex commercial disputes in the real estate and hospitality industries. His ability to understand and resolve complex commercial real estate disputes is based on his prior experience as a real estate financial analyst, asset manager, loan underwriter and commercial real estate appraiser for a prominent international life insurance company. This experience gives him insight into high-profile mixed-use developments, including Class “A” office buildings, retail, hotels, and fitness facilities.
He represents hotel owners, real estate developers, commercial borrowers, property management companies, office and retail ownership groups, commercial tenants, and franchisors and franchisees in litigation involving claims such as fraudulent transfers, fraud, breach of contract, breach of fiduciary duties, disgorgement, accounting, mismanagement, and hotel occupancy tax issues. Additionally, Rick represents and defends landlords and tenants in complex office and retail lease disputes involving CAM charges, operating expense audits and general defaults under office and retail leases. He also represents commercial and residential real estate brokers and agents and accountants in professional liability disputes.
Rick has obtained jury trial and bench trial verdicts in cases involving ad valorem taxes, the division of commercial shopping centers, and hotel partnership disputes.
Representative Experience
Jury trial verdict in Ad Valorem Tax Litigation dispute against Dallas Central Appraisal District (DCAD) involving denial of tax exemption to non-profit entity.
Jury trial verdict resulting in six figure award, and attorneys’ fees and costs on behalf of client regarding enforcement of two post-separation agreements (Separation, Release and Restructuring Agreement and Contribution and Indemnification Agreement) that related to the division of commercial shopping centers, the transfer of general partner interests, and liability of the managing general partner for committing “Bad Boy Guarantor” acts under the Indemnification Agreement. Defendant was found liable for not indemnifying and reimbursing the Plaintiff for payment of ad valorem taxes to the lender.
$2M bench trial verdict in partnership hotel dispute against co-partners involving claims of fraud, breach of fiduciary duties, breach of contract, mismanagement and for an accounting.
Represented partner in fraudulent transfer claim related to hotel fraud case resulting in six figure settlement.
$27M complex arbitration proceeding relating to division of 6 hotels branded by three international hotel companies involving claims against co-partners for breach of fiduciary duties, fraud, breach of contract, disgorgement, accounting, and mismanagement. The dispute settled.
Settled $22 million commercial mortgage-backed securities (CMBS) loan dispute as Special Litigation Counsel for hotel client in an Adversary Proceeding in the United States Bankruptcy Court for the Northern District of Texas. The client owned an upscale, full-service luxury hotel branded with a world-wide leader in the hotel industry. The client exercised its right under the loan agreement to “re-brand” the hotel. However, the Master Servicer and Special Servicer of the CMBS loan allegedly failed to grant borrower’s unfettered right to “re-brand” the hotel in a timely manner. The hotel client sued the CMBS lender, Master Servicer, and Special Servicer. Borrower asserted damage claim of diminution in value to the hotel. The case settled and the CMBS lender waived default interest, attorneys’ fees and other monetary claims. Borrower re-negotiated interest rate, maturity date and other issues favorable to borrower.
Tex. R. Civ. P. Rule 91a Dismissal of Baseless Causes of Action on behalf of property management company was obtained on February 17, 2022 in County Court of Law, Harris County, Texas
Tex. Civ. Prac. & Rem. Code § 33.004 Motion to Designate prominent firm as Responsible Third-Party was granted on behalf of commercial real estate brokerage company and real estate agent on March 2, 2022 in State District Court, Harris County, Texas
Tex. R. Civ. P. Rule 12 Motion for Attorney to Show Authority was granted on April 12, 2022 in State District Court, Dallas County, Texas
Lead counsel in non-profit tax exemption case: petition for review denied
Dallas Central Appraisal District v. Friends of the Military d/b/a Vet to Vet, 304 S.W. 3d 556 (Tex. App. – Dallas 2009)
Trial team for officer and director indemnification and contribution dispute.
Chamison v. HealthTrust, Inc. – The Hospital Company, 748 A.2d 407 (Del. 2000)
Represented owner against a family member alleging a partnership interest in a $7M apartment complex.
Representation of landlords and tenants in retail developments, Class “A” Office Buildings, and Class “A” Office, Retail and Loft Developments involving complex lease disputes regarding CAM charges, operating expense audits and general defaults under retail and office leases.
Complex business and partnership disputes involving claims of fraud, breach of fiduciary duty, breach of contract, disgorgement, accounting, receivership, and mismanagement issues.
Challenged constitutionality of municipal hotel ordinance, actions of hotel inspectors, city manager and law enforcement personnel. Resulted in new hotel ordinance being enacted.
Closed a $60M acquisition of four mid-tiered hotels in Texas that were converted to "select-service" hotels and franchised with an international hotel company.
Negotiated hotel and office building leases.
Negotiated operational matters for retail property management firms, asset managers, and hotel operators.
Professional Recognition
Top 1% American Registry
AV Preeminent Rating
Attorney of the Week
Listed as a 'Mover & Shaker' in Diversity & the Bar
AV Preeminent Rating, Judicial Edition
Related Resources
Human Trafficking – Sex and Labor Trafficking, as it Relates to the Hotel Industry
Richard Barrett-Cuetara, Kerri Panchuk
Related Services
Publications & Speaking Engagements
Education, Admissions & Activities
Education
California Western School of Law
J.D.
Phi Alpha Delta Law Fraternity International, Vice-Justice
Professional Responsibility Committee Chair
University of Miami School of Law
Masters of Law
Taxation
San Diego State University
B.S.
with Honors and Distinctions
Bar Admissions
Texas
1983
Court Admissions
United States District Court of Texas: Northern, Eastern
United States Bankruptcy Court, Northern District of Texas
United States Tax Court
United States Court of Appeals for the Seventh Circuit
Professional and Community Activities
State Bar of Texas
Litigation and Real Estate Sections; Texas Minority Counsel Program Steering Committee, 2010-2012
Dallas Bar Association
Litigation and Real Estate Sections
Southwest Jewish Congress, Dallas
Board Member, 2009-present
Texas Hotel & Lodging Association
2012-present
Hospitality Law Conference
Advisory Panel, Moderator and Host, 2001-2017
American Bar Association
Real Estate, Condemnation, and Trust Litigation Committee, 2013-2017